The petitioner is running a small scale industrial unit engaged in the manufacture of spice oils, oleoresins and natural food colours. It is provided with an electric connection with Consumer No.17811 under the 3rd respondent. On 20/5/2009, an inspection was conducted in the petitioner's premises which resulted in preparation of Ext.P3 site mahazar. In the said inspection unauthorised additional connected load was detected in the petitioners' premises. Based on Ext.P3 site mahazar the petitioner was issued with Ext.P4 demand for an amount of ₹2,18,210/-. Challenging the demand made in Ext.P4 the petitioner has approached this Court in W.P.(C) No.16132 of 2009 and this Court by Ext.P5 judgment relegated the petitioner to the 3rd respondent and the 3rd respondent was directed to finalise the same after considering the objections filed by the petitioner, in accordance with law. Pursuant to Ext.P5 the petitioner submitted Ext.P6 objection. After considering the objection in Ext.P6 the 3rd respondent by Ext.P7 modified the original demand made in Ext.P4 to ₹1,96,350/-. It is aggrieved by Ext.P7 the petitioner is before this Court in this Writ Petition. The petitioner further contended that the constitution of the appellate authority under Section 127 of the Act is not in terms of the statutory requirements. On 17/11/2009 this Court has granted an interim stay of all further proceedings pursuant to Exts.P4 and P7 on condition that the petitioner pays 50% of the amount in dispute.
2. The grievance of the petitioner is against the demand made in Ext.P7 order passed by the 3rd respondent. As can be seen from the records, the said demand is made after considering Ext.P6 objection submitted by the petitioner to Ext.P4 provisional demand originally made. If the petitioner is aggrieved by the demand made in Ext.P7 he is having an effective alternative remedy by way of appeal as provided under Section 127 of the Electricity Act, 2003 (hereinafter referred to as ‘the Act’). However, in the course of hearing, it is brought to my notice that the relevant order constituting the Appellate Authority has already been set aside by a Division Bench of this Court as per judgment dated 07/07/2014 in Writ Petition No.24714 of 2012 and connected cases. Paragraph 13 of the said judgment reads as follows:
“13. Such being the case, the appointment of the Deputy Chief Engineers now effected by G.O.(P) No.20/2014/PD dated 28.05.2014, cannot be upheld and the Government will have to make a fresh appointment satisfying the requirements of Section 127 of the Appellate Authority Rules. Insofar as the order in R.P. the order shows that Rule 3 of the Appellate Authority Rules was noticed by this Court when this order was passed. Therefore, the order being per incuriam, cannot be relied to sustain the designation of Deputy Chief Engineers as the Appellate Authority. Therefore, these writ petitions are disposed of with the following directions:
1. The Government of Kerala shall appoint the Appellate Authority as contemplated under Section 127 of the Electricity Act, 2003 and the Appeal to the Appellate Authority Rules, 2004. This shall be done as expeditiously as possible at any rate within six weeks from the date of receipt of a copy of this judgment.
2. Once the Appellate Authority is so constituted, the appeals that are already filed by the writ petitioners and which are pending before the Deputy Chief Engineers, who were appointed by virtue of G.O.(P) No.27/2012, shall be transferred to the Appellate Authority and the Appellate Authority shall consider and decide those appeals on merits.
3. Such of the writ petitioners who have not filed appeals against the orders of assessment under Section 126 of the Act, shall file appeals as provided under Section 127 of the Electricity Act within one month of constitution of the Appellate Authority as directed above and if such appeals are filed, the same shall be dealt with on merits and disposed of accordingly.
4. Except in the case of the writ petitioners in W.P.(C).No.15560 of 2013, the remittances made by the other writ petitioners in compliance of he order passed by this Court will be given credit towards the requirement of Section 127(2) of the Act and if there is any short fall in 50% required to be made good, the differential amount shall be remitted by the petitioners. Insofar as W.P.(C). No.15560 of 2013 is concerned, his appeal will be entertained without insisting on any condition of Pre-deposit.
We clarify that we have not dealt with the merits of the contentions raised by the respective parties which are to be agitated and decided by the Appellate Authority...”
3. It is brought to my notice that the Government have already notified Sri.K.K.unni, Retired Chief Electrical Inspector as the appellate authority vide G.O.(P)No.34/2014/PD dated 15/10/2014.
4. I find that the petitioner in this Writ Petition is also entitled to have similar treatment and accordingly the petitioner is set at liberty to pursue statutory appeal against the demand made in Ext.P7, under Section 127 of the Act before the appellate authority already notified by the Government. Such appeal shall be preferred within one month from today along with a certified copy of this judgment.
5. The interim order granted by this Court on 17/11/2009 shall continue to be in force till finalization of the said appeal, in case the petitioner has already complied with the condition contained therein to remit 50% of the amount demanded in Ext.P7.
The Writ Petition is disposed of accordingly.
skj ANIL K.NARENDRAN, JUDGE